The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-04-07
MUNICIPAL SUFFRAGE.

Opinion OF Attorney General Bradford In
Regard to Municipal Suffrage for Women
What Onicers They Can Vote For.
In response to an inquiry, the Attorney
General has written the following letter
defining the scope Of the Municipal Suffrage
law:
TOPEKA, March %, 1887.
Hon. L. Q. Rsnsphrey, Independence, KGa.:
DEAR SENATOR: In answer 10 your favor Of
the 18th inst, permit me TO say, after consider
ing the statutes bearing on the subject, am Of
the opinion that all Incorporated cities Of this
State that elect justices and constGbes separate
from the township in which they are situated
are constituted townships for the purpose OF
electing justices OF the peace and constaoles-
(See sec. 4, ch. l9a, comp laws 1855. and sec IS
ch. no. comp. laws 1855 Therefore justices of
the peace and constsbles, whether elected in or
out OF city. are township of.cers and Lot
municipal officers.
Women are by the statute OF Kansas made
eligible to vote for municipal officers alone and
not township officers. Justices of the peace be-
ing constitutional officers. only constitutional
electors can vote for their election. Constables
are not constitutional officers and the Legisla-
ture without any change in the organic law
could have qualified women as electors
therefor. The statute OF 1887, however,
conferS municipal suffrage only, and qualified
4
AS justices and constables are township Of
fcers and not municipal officers, the rule is the
same with reference to each, and women are
not qualified electors for the purpose Of electing
Justices of the peace and constGbles. These
Offices are elected, however. at the usual city
elections in cities OF the first and second class
at which municipal officers proper are elected,
and precautiCn should be taken to prevent
such complications as might arise if unqualified
persons are permitted TO vote for justices and
constables.
The mayor and city council OF each city have
general power TO enact such ordinances not re-
pugnant to the constitution and laws of the
State as they d9em expedicnt for the good gov
ernment OF the city and the preservation Of
peace and good order. They have power in my
opinion to provide by ordinance separate ballot
boxes, poll books and tally sheets for the pur-
pose OF holding city elections, at which time
both justices OF the peace and municipal Of
foers are elected, and they may also provide
for the use OF the city two poll books and two
ballot boxes to be used by one and the same
election board. The returns from the board in
each ward in o city being made in the manner
provided in the general election law, but sepa-
rate from each other they can provide separate
ballot boxes, poll books and tally sheets for the
municipal election proper. from the election in
the city as Q township for township officers,
that is to say, in one ballot box shall be depos-
| iteo the ballot upon which is written or printed
the name of the candidate for justice OF the
peace and constable, in the other ballot box
may be deposited the ballot containing the
names. written or printed, of the candidates for
the several municipal officers to be elected.
II the mayor and council Of the cities OF the
first and second class shall fail or neglect to
enact such an ordinance, the women themselves
can avoid the difficulty in practical manner
by voting for municipal officers only, striking
from the written or printed tickets the names
of officers for whom there is any doubt Of their
right to vote.
1t is the duty of all good citizens and all city
governments to see that the intention Of the
Legislature in enacting this wise and just law
is not nullifed. AL city councils should by
ordinance such as above suggested, make it i'm
possible for complications TO arise such as can
be imagined if no action is taken.
Women now for the first time are invested
with this incalculable power for good in the
publication OF politics, and see to it il no as
tion is taken by the present city governments,
that by no act of theirs shall the will of the
Legislature be defeated.
1t seems TO me there are good reasons outside
OF the question OF women voting for municipal
officers 1T the election for holding that the bal
lots for municipal officers and for justices of the
peace and constables should be cast in
separate box other than the one for mu-
nicipal officers is deposited. The poll
books and ballots cast for justices of the
peace and constables must necessarily be
canvassed by the county commissioners and
should be returned to the county clerk. The
poll books and ballots cast for the municipal Of
ficers are canvassed by the city council, and the
result declared by them.
Hoping that this explanation is satisfactory
am, yours most respectfully,
S. B. BRADFORD, Attorney General.